SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY. No.

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1 TREVOR A. GRIMM, State Bar No. JONATHAN M. COUPAL, State Bar No. 1 TIMOTHY A. BITTLE, State Bar No. 00 Howard Jarvis Taxpayers Foundation 1 Eleventh Street, Suite 1 Sacramento, CA 1 (1-0 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY HOWARD JARVIS TAXPAYERS ASSOCIATION; and MATTHEW BOLNER, Plaintiffs, v. CALIFORNIA STATE UNIVERSITY, MONTEREY BAY; ERNEST STROMBERG; and DOES 1-, Defendants. No. COMPLAINT FOR DECLARATORY RELIEF (CCP 0, TAXPAYERS INJUNCTIVE RELIEF (CCP a, AND DAMAGES FOR VIOLATION OF FEDERAL RIGHTS ( USC 0 1 This is a taxpayers action brought to declare the impropriety of using public resources for political campaigning, to enjoin any further use of public resources for political campaigning, and for nominal damages to a student whose constitutional rights of free speech and association were violated by the use of public resources for political campaigning. Plaintiffs allege as follows: PARTIES 1. Plaintiff Howard Jarvis Taxpayers Association ( HJTA is a nonprofit public benefit corporation, comprised of over 00,000 California taxpaying members, organized and existing under the laws of California for the purpose, among others, of advocating the reduction of taxes and engaging in civil litigation on behalf of its members and all California taxpayers to protect taxpayer rights. HJTA has members who reside and pay taxes in

2 California, and members who are students at California State University, Monterey Bay.. Plaintiff Matthew Bolner is a taxpayer and resident of the County of Monterey, and a full-time tuition-paying student at California State University, Monterey Bay.. Defendant California State University, Monterey Bay is a campus of the California State University ( CSU, governed by its own campus president. Pursuant to regulations adopted by the CSU Trustees under the authority of Education Code sections 00 et seq., the president of each campus is responsible for hiring and supervising the staff and faculty for that campus ( Cal. Admin. Code 0, 1, and is also responsible for regulating noncommercial solicitations on campus ( Cal. Admin. Code Pursuant to Government Code section, CSU Monterey may sue and be sued in its own name.. Defendant Ernest Stromberg is the Director of the Division of Humanities and Communication at CSU Monterey Bay.. Defendant Does 1- are sued herein under fictitious names because their true names and capacities are unknown to plaintiffs. When their true names and capacities are ascertained, plaintiffs will amend this complaint to assert their true names. Plaintiffs are informed and believe, and on that basis allege, that each of the fictitiously named defendants is responsible in some manner for the occurrences alleged herein, and that plaintiffs damages were proximately caused by those defendants. FIRST CAUSE OF ACTION (Declaratory Relief - CCP 0. Proposition 0 is an initiative measure on the November, 01 ballot, sponsored by Governor Jerry Brown, the California Federation of Teachers, and the California Teachers Association. If passed, Proposition 0 will increase the State sales and use tax for four years on all taxable purchases, and will increase the State income tax for seven years on incomes above $0,000 for individuals, or $00,000 for joint filers.. Plaintiffs are informed and believe, and on that basis allege, that on or about September, 01, defendant Ernest Stromberg sent the communication attached hereto

3 as Exhibit A ("communication from the Division of Humanities and Communication address, using the CSU Monterey system, to the students enrolled in the Humanities and Communication program, using their CSU Monterey addresses.. The communication expresses and solicits support for Proposition 0. The is addressed Dear Students, and solicits them to work together to pass Prop 0 in order to spare State funding for CSU. The solicitation is coupled with both a threat that, If Prop. 0 does not pass... CSU students will face higher fees [and] fewer classes, and with an inducement that, If we work together to pass Prop 0... students will get a $ tuition refund. The closes with a solicitation to share this information with your family [presumably because many parents pay their children s tuition] and friends and encourage them to vote their support for the CSU System this November. The is electronically signed Dr. Ernest Stromberg, Professor, Director Division of Humanities and Communication, 0 Campus Center, CSU Monterey Bay.. The CSU Monterey system is primarily funded through State tax revenue and compulsory student fees. All sent from a CSU Monterey address to a CSU Monterey address is routed through the CSU Monterey server.. The CSU Monterey system is not a public forum. Every student is assigned a CSU Monterey address to ensure that the college administration and faculty are able to communicate with the students.. Government Code section 001 provides, No newsletter or other mass mailing shall be sent at public expense. Section 01. defines mass mailing as a mailing to more than 00 recipients. Defendant Stromberg s to approximately 0 students qualifies as a prohibited mass mailing. 1. Government Code section 1 provides, It is unlawful for... any state... appointee, employee, or consultant to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law. Defendant Stromberg s qualifies as a prohibited use of public resources either for a campaign activity or for a personal or other unauthorized purpose.

4 The First Amendment of the United States Constitution, applied to the states through the Fourteenth Amendment, and Article I, sections and of the California Constitution guarantee every citizen freedom of speech and the right to assemble. These rights include the right to not speak and to not assemble. By using public resources to conduct a mass mailing advocating one side of a contested political campaign, defendant Stromberg violated taxpayers and students right against being compelled to speak in favor of a measure they oppose, and their right against being compelled to assemble with the proponents of a measure they oppose. 1. Government Code section 1. provides, A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment. CSU Monterey is liable under this statute for injuries caused by defendant Stromberg s unlawful use of public resources for political campaigning. 1. An actual controversy exists between the parties in that plaintiffs believe defendant Stromberg s use of the CSU Monterey system to conduct a mass campaign mailing is unlawful and violates the constitutional rights of taxpayers and students whose tax dollars and student fees are being misused to promote a political cause which they do not support, and that CSU Monterey is liable for defendant Stromberg s actions; whereas defendants believe the alleged activities are valid in all respects. 1. Plaintiffs desire a judicial determination of the rights and duties of the parties, including a declaration regarding the validity of the attached as Exhibit A. WHEREFORE, plaintiffs pray for judgment as hereinafter set forth. SECOND CAUSE OF ACTION (Injunctive Relief - CCP a 1. Plaintiffs repeat the allegations contained in Paragraphs 1 through 1 above as though fully set forth herein.. Plaintiffs are informed and believe, and on that basis allege, that defendant Stromberg and other administrators and faculty employed at CSU Monterey Bay will continue to have access to the CSU Monterey system and to other public resources,

5 and that CSU Monterey s president may neglect to regulate the political solicitation of students at public expense by CSU Monterey employees as to Proposition 0 or other measures on the ballot, unless enjoined from doing so.. Plaintiffs have no adequate remedy at law, or otherwise, for the harm and injury that will be caused by defendants continued acts and omissions as alleged herein. 0. Irreparable harm and injury will follow and be suffered by plaintiffs unless the acts and omissions of defendants are enjoined. WHEREFORE, plaintiffs pray for judgment as hereinafter set forth. THIRD CAUSE OF ACTION (Damages for Violation of Federal Rights - USC 1. Plaintiffs repeat the allegations contained in Paragraphs 1 through 0 above as though fully set forth herein.. In committing the acts and omissions complained of herein, defendants acted under color of state law to deprive plaintiffs of certain constitutionally protected rights secured by the First and Fourteenth Amendments of the United States Constitution.. In committing the acts complained of herein, defendants have damaged plaintiffs in an amount which plaintiffs are presently unable to ascertain. Plaintiffs will request leave to amend this complaint to allege the amount of damages once they are determined through discovery. WHEREFORE, plaintiffs pray for judgment as set forth below: PRAYER Based on the foregoing allegations, plaintiffs pray for judgment against defendants as follows: 1. For a declaration that defendant Stromberg s use of the CSU Monterey system to send the attached as Exhibit A to the students enrolled in the Humanities and Communication program using their CSU Monterey addresses was unlawful and violated plaintiffs rights under the First and Fourteenth Amendments of the United States Constitution, and that CSU Monterey is liable for defendant Stromberg s actions;

6 . For a permanent injunction ordering defendants to refrain from using public resources for political activities in the future, and from approving or permitting the same by persons under their supervision;. For damages according to proof;. For costs of suit including reasonable attorney fees; and. For such other or further relief as the Court deems just and proper. DATED: Respectfully submitted, TREVOR A. GRIMM JONATHAN M. COUPAL TIMOTHY A. BITTLE 1 1 TIMOTHY A. BITTLE Attorneys for Plaintiffs

7 VERIFICATION I, Jon Coupal, am the President of Howard Jarvis Taxpayers Association, one of the plaintiffs in this action, and authorized to sign this Verification on the Association s behalf. I have read the attached complaint. Except as to matters stated on information and belief, the allegations contained in the complaint are true of my own knowledge and, with regard to those matters stated on information and belief, I believe them to be true. I declare, upon penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this verification was executed on the date shown below in the City of Sacramento, California. DATED: 1 1 JON COUPAL